Breaking the Cycle: Flooding, Infrastructure, and Climate Law in Practice
Flood Basics still causing pain for some
How Florida Zoning Regulations Can Encourage Development and Climate Change Resiliency
Condo Water Invasion: Potential Medical Liability?
Climate risk data has quietly moved from the background of real estate underwriting into the center of many residential transactions. What was once the domain of insurers, lenders, and regulators is now directly influencing...more
On Jan. 26th, the Colorado Supreme Court issued a significant water law decision that clarifies how Colorado property owners can pursue claims against neighbors who waste water and flood their land....more
McKenzie Canady (“MC”) filed a December 29th Complaint against Fathom Realty AR LLC (“Fathom”) and Chasity Martin (“Martin”) in the Crawford County Circuit Court. See 17CV-25-970. MC is described as an individual that...more
The Court of Appeal again confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during...more
The Arkansas Department of Agriculture (“ADA”) issued an October 27th news release addressing the ongoing Arkansas Water Plan (“AWP”) update. The news release addresses the summary of activities completed to date and a...more
Starting October 1, 2025, Florida’s Flood Disclosure Law (CS/CS/SB 948, 2025 Legislature) took effect, bringing sweeping changes to landlord-tenant, real estate sales, condominium, cooperative, and mobile home park...more
On October 1, the federal prudential regulators and the Farm Credit Administration issued a joint reminder of a 2022 guidance (Interagency Questions and Answers Regarding Flood Insurance) that lenders may continue to make...more
If Congress does not reauthorize the National Flood Insurance Program (NFIP) by September 30, major parts of the program will expire—a lapse that could cause major problems in the mortgage industry....more
The Environmental Defense Fund (“EDF”) issued a report titled: Insurance Endorsements to Support Climate-Ready Residential Rebuilding Post-Disaster (“Report”). ...more
What You Need to Know - • The NJDEP has issued “substantial changes” to New Jersey’s Resilient Environments and Landscapes (REAL) proposed rules, seeking to modernize the state’s coastal flood safety and land resource rules...more
The U.S. Department of Agriculture (USDA) took formal steps this week to rescind a decades-old rule that protects 58.5 million acres of wild areas in national forests, including 4.4 million acres in California. The agency...more
On July 28, 2025, the Director of Civil Works for the United States Army Corps of Engineers (USACE), Eddie Belk, issued guidance for analyzing induced flooding. This guidance is intended to help USACE Districts and Divisions...more
Often, forensic accountants face practical challenges when calculating business interruption (BI) losses. These issues have been highlighted by recent claims following COVID-19 and the 2024 storm in the UAE which caused...more
The Florida Legislature passed Senate Bill 948, which expands Florida’s disclosure requirements relating to flooding. This law introduces significant changes to the flooding disclosure requirements that sellers of residential...more
The Congressional Research Service (“CRS” has issued an August 6th Explanatory Memorandum titled: Continuing Authorities Programs (CAPs) of the U.S. Army Corps of Engineers (“Memorandum”). The Memorandum provides an...more
With five months to go, 2025 is already the year of the flash flood in the United States. To date, the National Weather Service has issued more than 3,600 flash flood warnings across the United States in 20251...more
On July 30, an 8.8 magnitude earthquake occurred off of Russia’s Eastern Kamchatka coast, subsequently triggering tsunami warnings in, among other places, Japan and Hawaii. Some have postulated that rising sea levels could...more
PA State Budget a Month Past-due, SEPTA Service Cuts Weeks Away -Democratic state legislators expressed frustration that a budget bill with funding for mass transit has yet to pass. With SEPTA anticipated to start...more
In this episode, AGG Real Estate of counsel Caroline Magee is joined by Emory Law professor and former Navy JAG officer, Mark Nevitt, for a thoughtful discussion on the legal and practical challenges of climate resilience in...more
The California Air Resources Board (CARB), the agency tasked with enforcing the state’s climate disclosure rules, published guidance this Wednesday on how companies can comply with Senate Bills 253 and 261 (which govern...more
The D.C. Department of Energy and Environment (DOEE) issued a second proposed rulemaking (Proposed Rule) on May 30, 2025, to amend the District's Stormwater Management and Soil Erosion and Sediment Rules (Stormwater Rules)...more
On May 28, 2025, the Higher Regional Court in Hamm, Germany, sided with the defendant energy company in a landmark climate change litigation case brought by a Peruvian farmer. The farmer wanted the energy company to pay (in...more
On August 5, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) introduced substantial climate change regulations called Resilient Environments and Landscapes (“REAL”). Public comments were accepted through...more
A California Court of Appeal (Fifth District) (“Court”) addressed in a March 14th Opinion whether water in an aquifer could be personal property. See Sandton Agriculture Investments III, LLC, v. 4-S Ranch Partners, LLC, 2025...more
2025 brought over 300 changes to the laws of the State of Illinois. Some of these new laws impact the relationship between landlords and tenants and also impose further restrictions on condominium associations. At the start...more